25FC:0180 David Boll v. Dubuque Co. Auditor- Investigative Report and Probable Cause Order

The Iowa Public Information Board

COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:

On November 9, 2025, David Boll filed formal complaint 25FC:0180, alleging that the Dubuque County Auditor violated Iowa Code Chapter 22.

The Iowa Public Information Board accepted this complaint at its meeting on December 18, 2025.

Facts

On August 25, 2025, Mr. Boll mailed a public records request to the Dubuque County Auditor. The request was somewhat unclear, as it cited several statutes and contained two subject headings. Under the first subject heading, the letter requested the certificate of appointment of County Attorney Brigit Barnes, followed by two paragraphs discussing various laws and procedures governing county attorney appointments. Under the second subject heading, the request included several paragraphs describing the requirements of Iowa Code § 64 related to official bonds. At the conclusion of the letter, Mr. Boll requested “certified copies” bearing the county auditor’s official stamp of the “certificate of appointment, office, and oath,” rather than “a plain photocopy of the certificates of appointment and oaths.” He also requested “the same as to the bond.” Mr. Boll provided evidence that this request was delivered via certified mail on August 27, 2025.

The parties dispute whether a response was mailed following the initial request. The county auditor asserts that a response to the records request was sent, but not via certified mail, and therefore no record of delivery exists.

Mr. Boll sent a second request via certified mail, which was delivered on October 9, 2025. In both mailings, the only contact information Mr. Boll provided to the county was his mailing address. Mr. Boll filed the present complaint on November 9, 2025. IPIB opened the complaint on November 17, 2025.

In response to the investigation, Mr. Lucy sent more than thirty pages of records to Mr. Boll by certified mail, which were delivered on December 23, 2025. IPIB reviewed a copy of this production. The records package included a copy of the oath of office of the identified attorney and thirty-two pages of Dubuque County bond records.

Mr. Boll responded that he did not believe the production was complete because it did not include a “certificate of appointment” demonstrating that the county attorney was properly appointed and because, although records were provided, they did not constitute proper “certified copies” as required by Iowa Code § 331.502. In response, Mr. Lucy provided additional records consisting of Board of Supervisors meeting materials documenting the appointment process for the assistant county attorney. The auditor stated that he was unaware of any additional records responsive to Mr. Boll’s request.

Mr. Boll maintains that the county auditor and the copies produced are not in compliance with Iowa Code §§ 331.502 and 622.46, and therefore, the county has violated Chapter 22. Additionally, it appears Mr. Boll believes there are additional records that exist that haven’t been produced.

Applicable Law

“Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record. The right to copy a public record shall include the right to make photographs or photographic copies while the public record is in the possession of the custodian of the public record. All rights under this section are in addition to the right to obtain a certified copy of a public record under section 622.46.” Iowa Code § 22.2(1).

Analysis

The county made the requested public records available to Mr. Boll. Although a delay occurred between the submission of the request and the production of the records, the auditor appears to have acted in good faith. The delay can be attributed to the confusing nature of the request and the limitations associated with conducting business exclusively by mail. The respondent possessed no contact information for the requester other than a mailing address, which necessarily slowed communications and left no practicable means of contact other than written correspondence until the IPIB complaint was filed. At no time did the auditor deny the records request.

Furthermore, when the complainant asserted that the records produced were not responsive to his request to produce the records associated with the assistant county attorney’s appointment, the respondent provided additional records related to that appointment. All records were provided without charge.

Mr. Boll has demanded his records be provided in compliance with Iowa Code § 622.46 and 311.502. IPIB’s jurisdiction, however, is limited to Iowa Code chapters 21 and 22. Mr. Boll’s complaints about improper certification under Iowa Code § 622.46 and 311.502 are beyond the enforcement jurisdiction of IPIB and do not constitute a violation of Iowa Code §22.

IPIB Action

The Board may take the following actions upon receipt of a probable cause report:

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

The evidence presented to IPIB suggests that all responsive records in the county’s possession directly related to the two items requested were either disclosed upon request or do not exist. Because any remaining matters in the dispute are outside of IPIB’s jurisdiction, it is recommended that the Board dismiss for lack of probable cause to believe a violation has occurred.

By the IPIB Deputy Director,

_________________________

Charissa Flege, J.D.

CERTIFICATE OF MAILING

This document was sent on January 9, 2026, to:

David Boll, Complainant

Dubuque County Auditor, Respondent

The Iowa Public Information Board

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action:

☐a. Redirect the matter for further investigation;

☒b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

☐c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

☐d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Catherine Lucas

CERTIFICATE OF MAILING

This document was sent on January 20, 2026, to:

David Boll, Complainant

Dubuque County Auditor, Respondent